California licensing, appointments and continuing education
The marketplace section tests the rules every California agent works under: what counts as transacting, the penalty for doing it unlicensed, appointments, fiduciary duty, CE and annuity training.
| Transact | Solicitation, negotiation, execution and later servicing (35) |
| No license | Misdemeanor: up to $50,000, one year in county jail, or both (1633) |
| Life solicitor | No such license exists (1704(d)) |
| Appointment | Filed by the insurer; without one the license is inactive (1704) |
| Premiums held | In a fiduciary capacity (1733-1735) |
| Address change | Report immediately, electronically (1729) |
| CE | 24 hours per renewal, 3 in ethics with 1 on fraud (1749.33) |
| Annuity training | 8 hours before selling, 4 hours each renewal (1749.8) |
Where the point is lost: The license number must appear on business cards, quotes and print ads in at least the same type size as the phone number (1725.5).
California licensing, appointments and continuing education
12 questions on California life agent license rules, each with an explanation and statute citation.
12 questions
Pass line: 60%, same as the real exam
Questions and answers, explained
All 12 questions above, with the correct answer and why it is correct. Everything here is on california licensing, appointments and continuing education.
Under California Insurance Code section 355, when may an applicant alter or withdraw a representation?
Why: Section 355 allows a representation to be altered or withdrawn before the insurance is effected, but not afterward. Section 358 makes a representation false when the facts fail to correspond with its assertions.
Reference Cal. Ins. Code 355, 358 — CA objectives I.B.5.c
Which federal law sets standards for most private employer-sponsored benefit plans, including fiduciary duties and disclosure to participants?
Why: The Employee Retirement Income Security Act (ERISA) governs most private employer benefit plans, setting fiduciary standards, reporting and disclosure requirements and claims procedures. COBRA and HIPAA amended it to add continuation and portability rules.
Reference ERISA; CA A&H objectives III.B.4.a
Under Insurance Code section 1626(a)(2), what does an accident and health or sickness agent license authorize?
Why: Section 1626(a)(2) authorizes an accident and health or sickness agent to transact insurance covering sickness, bodily injury or accidental death, which may include disability income. Section 1626(a)(1) covers the life agent, who transacts life insurance, annuities and related benefits.
Reference Cal. Ins. Code 1626(a) — CA objectives I.C2.3
Under California Insurance Code section 354, a representation:
Why: Section 354 provides that a representation cannot qualify an express provision in a contract of insurance, but it may qualify an implied warranty.
Reference Cal. Ins. Code 354 — CA objectives I.B.5.c.iii
Under Insurance Code section 35, 'transact' as applied to insurance includes all of the following EXCEPT:
Why: Section 35 defines transact to include solicitation, negotiations preliminary to execution, execution of a contract of insurance, and transaction of matters subsequent to execution and arising out of it. General education is not transacting.
Reference Cal. Ins. Code 35 — CA objectives I.C2.4
An applicant's representation is false in a material point. Under California Insurance Code section 359, the insurer may rescind the contract:
Why: Section 359 entitles the injured party to rescind from the time a representation becomes false, if it is false in a material point, whether affirmative or promissory.
Reference Cal. Ins. Code 359 — CA objectives I.B.6
Under Insurance Code section 1633, what is the penalty for transacting insurance without a valid license?
Why: Section 1631 prohibits transacting insurance without a license, and section 1633 makes it a misdemeanor punishable by a fine of up to $50,000, up to one year in county jail, or both.
Reference Cal. Ins. Code 1631, 1633 — CA objectives I.C2.4
Under California Insurance Code section 16, how do the words 'shall' and 'may' differ?
Why: Section 16 states that 'shall' is mandatory and 'may' is permissive. A requirement written with 'shall' must be followed; one written with 'may' allows discretion.
Reference Cal. Ins. Code 16 — CA objectives I.C4.10
A new hire wants to help a life agent by soliciting life insurance under a 'life solicitor' license. Under California law:
Why: There is no life solicitor license in California (section 1704(d)). An insurance solicitor (section 1624) aids an agent or broker only in lines other than life, disability or health. Soliciting life insurance requires a life agent license.
Reference Cal. Ins. Code 1624, 1704(d) — CA objectives I.C2.7
An applicant completes a life insurance application but does not submit the initial premium with it. Under contract law, which party makes the OFFER in this transaction?
Why: With no premium attached, the application is only an invitation to the insurer to make an offer; the issued policy is the offer, and the applicant accepts by paying the initial premium (and signing the statement of good health) at delivery. Choice A is correct only in the other fact pattern — when the premium accompanies the application, the applicant is the offeror and the insurer accepts by issuing the policy as applied for. Outline III.D — contract law.
Reference CA Life and A&H objectives I.A-I.B (Basic insurance concepts and principles; contract law)
Under Insurance Code section 1725.5, where must a California licensee print his or her license number?
Why: Section 1725.5 requires the license number on business cards, written price quotations and print advertisements distributed exclusively in California, in type at least as large as any phone number, address or fax number, or 12-point type (8-point on business cards), whichever is larger.
Reference Cal. Ins. Code 1725.5 — CA objectives I.C2.11.d
A California licensee moves to a new residence. Under Insurance Code section 1729, when must the commissioner be notified?
Why: Section 1729 requires every licensee and applicant to immediately notify the commissioner, through an approved electronic service, of any change in email, residence, principal business or mailing address.
Reference Cal. Ins. Code 1729 — CA objectives I.C2.11.b
Drill the whole domain
- Basic Insurance Concepts and Contract Law (17.3%)
- The Insurance Marketplace, Licensing and Ethics (9.3%)
- Group Medical Expense Insurance (5.3%)
Other topics
- California contract law: concealment, representations and warranties
- California's protections for senior insurance buyers
- California free look periods and life insurance replacement
- Covered California and the Affordable Care Act on the exam
- Medicare supplements and California's Medigap rules
- California group health insurance, COBRA and Cal-COBRA
- California's Commissioner, unfair practices and the guarantee association
- Annuities for the California life exam